Add to ORKGWhen an individual opts out of a federal class action, that person is shielded from the impact of a judgment adverse to the class. If the class wins, however, that individual might attempt to reap the benefits of a favorable class judgment by asserting collateral estoppel offensively in a later suit against the class opponent. Viewing the policies of collateral estoppel enunciated in Parklane Hosiery, Inc. v. Shore, the author reveals one exceptional situation in which the use of collateral estoppel by the opting out individual would foster these policies of economy and repose
In a criminal action Teitelbaum was convicted of conspiracy to commit grand theft, attempted grand t...
Courts have long used the doctrine of collateral estoppel to preclude relitigation of previously det...
Should judicial action ever be held void on collateral attack by reason of any departure from the pr...
Collateral estoppel has been defined as the facet of the doctrine of judicial finality that deals w...
In Parklane Hosiery Co. v. Shore, the United States Supreme Court ap- -proved the offensive, unilate...
Offensive collateral estoppel occurs when a plaintiff estops a defendant from relitigating an issue ...
Parklane Hosiery Co., Inc. v. Shore, 439 U.S. 322 (1979). The interplay of collateral estoppel and t...
Perhaps no legal doctrine has been the source of so much confusion and misunderstanding as collatera...
Collateral estoppel is an aspect of the doctrine of res judicata that precludes relitigation of issu...
The doctrine of collateral estoppel involves the use of an old judgment in a new action to prevent t...
This Note initially discusses the doctrine of collateral estoppel and its policy justifications. Nex...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Plaintiff corporations, the sole shareholder of which was their president, sued defendant insurers t...
This Note adopts a more moderate position: the Bernhard doctrine is but a minor alteration of collat...
The Pennsylvania Supreme Court held that, given the fast and informal nature of unemployment compens...
In a criminal action Teitelbaum was convicted of conspiracy to commit grand theft, attempted grand t...
Courts have long used the doctrine of collateral estoppel to preclude relitigation of previously det...
Should judicial action ever be held void on collateral attack by reason of any departure from the pr...
Collateral estoppel has been defined as the facet of the doctrine of judicial finality that deals w...
In Parklane Hosiery Co. v. Shore, the United States Supreme Court ap- -proved the offensive, unilate...
Offensive collateral estoppel occurs when a plaintiff estops a defendant from relitigating an issue ...
Parklane Hosiery Co., Inc. v. Shore, 439 U.S. 322 (1979). The interplay of collateral estoppel and t...
Perhaps no legal doctrine has been the source of so much confusion and misunderstanding as collatera...
Collateral estoppel is an aspect of the doctrine of res judicata that precludes relitigation of issu...
The doctrine of collateral estoppel involves the use of an old judgment in a new action to prevent t...
This Note initially discusses the doctrine of collateral estoppel and its policy justifications. Nex...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Plaintiff corporations, the sole shareholder of which was their president, sued defendant insurers t...
This Note adopts a more moderate position: the Bernhard doctrine is but a minor alteration of collat...
The Pennsylvania Supreme Court held that, given the fast and informal nature of unemployment compens...
In a criminal action Teitelbaum was convicted of conspiracy to commit grand theft, attempted grand t...
Courts have long used the doctrine of collateral estoppel to preclude relitigation of previously det...
Should judicial action ever be held void on collateral attack by reason of any departure from the pr...